Martin v. Prudential Insurance
Superior Court of Pennsylvania
Appeal, No. 33, Feb. T., 1924, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1920, No. 859, on verdict for plaintiff, in the case of Fannie E. Martin v. Prudential Insurance Company of America. Assumpsit on policy of life insurance. Before Fuller, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $1,172.50 and judgment thereon. Defendant appealed.
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Appeal, No. 33, Feb. T., 1924, by defendant, from judgment of C. P. Luzerne Co., Oct. T., 1920, No. 859, on verdict for plaintiff, in the case of Fannie E. Martin v. Prudential Insurance Company of America. Assumpsit on policy of life insurance. Before Fuller, P. J. The facts are stated in the opinion of the Superior Court. Verdict for plaintiff in the sum of $1,172.50 and judgment thereon. Defendant appealed. Error assigned was, among others, refusal of defendant’s motion for judgment non obstante veredicto.
1Opinion of the Court
Opinion by
Gawthrop, J.,
This is an action upon a policy of insurance issued in October, 1919, on the life of Reuben Martin, the plaintiff’s husband. By the express terms of the policy, the statements and answers made to the company’s medical examiner were made a part of the contract. Amongst the questions and answers endorsed on the policy, and which were made part thereof, was the following: “9. Give names of all physicians who have attended you within the past three years; on what dates and for what complaint. None.” The insured died on February 8, 1920. The proofs of death furnished after…
2Cases cited3 opinions
- Felix v. Fidelity Mutual Life InsuranceSupreme Court of Pennsylvania · 1906
- Baldi v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1904
- Baldi v. Metropolitan Life InsuranceSuperior Court of Pennsylvania · 1906
3Cited by5 opinions
- Evans v. Penn Mutual Life InsuranceSupreme Court of Pennsylvania · 1936
- Livingood v. New York Life Ins. Co.Supreme Court of Pennsylvania · 1926
- Gimbel v. Aetna Life InsuranceSuperior Court of Pennsylvania · 1928
- Zeidel v. Connecticut General Life Ins.District Court, W.D. Pennsylvania · 1929
- Monaghan v. Prudential InsuranceSuperior Court of Pennsylvania · 1927